Hurley v. Painter

The opinion of the court was delivered by

Wertz, J.:

This was an action for ejectment, quiet title, accounting and partition. Judgment was for the defendant Emmett Farrell; and plaintiffs, Joseph Hurley and Henry J. Ziemba, appeal. The case is here a second time. In the first appeal, the order of the trial court sustaining a demurrer to defendant Farrells evidence was reversed and the case was returned for a new trial. (Hurley v. Painter, 180 Kan. 552, 306 P. 2d 184.) In order to avoid duplication, that opinion is made a part hereof.

Rriefiy stated, the facts are as follows: At the time of Ellen…